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the county didn’t take issue with the pond until Jon sought to grow legal medical cannabis on the land and had to prove there was a viable source of water for the grow operation

Ok that makes a big diffrence.. not because it cannabis.

But they are looking to use the water to farm..

Yes someone one besides a land owner can own a lands water rights

Let say I own a piece of property including all water rights and all mineral or oil rights

I can sell the water rights to another farm (or are we saying im not free to sell my property or a part of it including in this case my water rights)

And so the mineral and oil rights to another

Then sell the land to even another

The new land owner can not now claim the water and mineral rights because they were already sold previously

Of course this is should all be in the title when you bought the property

So I’m curious that when these people bought this land a few years ago obviously with the intention of using this water for this cannabis farm did they look in the title the see that they didn’t have the water rights

If it’s not there they have a right to go back to title insurance that’s the point of title insurance do make sure you’re free of all of or aware of other claims on the property

The right to buy and sell your property as you see fit..

ironically will create cases down the line when someone else will not own all the right to the property they bought

Because the previous owner they bought it from

Already sold some of the property rights to another

Libertarianism sometimes will give you an outcome you don’t think should be till you look deeper

It’s Libertarian to say I have complete rights to sell my property as I see fit

So its Libertarian for me to sell a piece of land to one person and the water rights to another ( in this case the government)

So it’s completely Libertarian that later on it can be case that on the land I own..
The water rights of that same land might happen to be own by another (in the case the government)